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12-02-2008, 04:46 PM
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Junior Member
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Join Date: Dec 2008
1 posts, read 2,189 times
Reputation: 15
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I did purchase the information from the first mentioned site for $58. Since it came with a money-back guarantee I figured that it would be cheaper than the $280 that the court wanted to fine me. Basically, it tells me that the red light citation which is sent via regular first class mail is not an official court order but it is an offer for waiver of service. From this I understand that I am within my rights to require that I am properly served with an official summons.
My Girldriend and I were at my apartment when we both heard the first knocking on the door around 8:30 -9Pm A few nights ago. The blinds were closed but the lights were on and the TV was on full blast. We immediately turned down the TV and snuck quietly into the bathroom to hide. We had been expecting this for a few months now, and I actually had no idea how close I was to the deadline until I calculcated the days here on this site:
Date Duration Calculator: Days between two dates
Apparently today is Day #118. I thought I had about a week left but all I have to do is avoid the process server for 2 more days. I was concerned that the process server would leave the summons on the door but he didn't.
I am concerned by a couple things, however. My Gf and I do live together but since we are not related can she be served with my summons if I am absent?
Also, I have read this in the arizona statutes:
Rule 4(i). Summons; Time Limit for Service
If service of the summons and complaint is not made upon a defendant within 120 days after the filing of the complaint, the court, upon motion or on its own initiative after notice to the plaintiff, shall dismiss the action without prejudice as to that defendant or direct that service be effected within a specified time; provided that if the plaintiff shows good cause for the failure, the court shall extend the time for service for an appropriate period. This subdivision does not apply to service in a foreign country pursuant to Rule 4.2(h), (i), (j) and (k) of these rules.
So if I get this right... the underlined part without prejudice means that the court could just issue a second summons, for which the process server would have another 120 days to serve?
OR it appears that the court can decide on its own that they should allow more than 120 days to serve the summons in which case I'm still humped?
What would be considered a "good cause for the failure" to serve me within the normal 120 days?
I will write back and be checking this site as the days go on to let you all know how I turned out.
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12-02-2008, 06:31 PM
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Senior Member
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Join Date: Jan 2008
Location: Phoenix!!!!
1,152 posts, read 778,107 times
Reputation: 347
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Very cool info. Good luck. I also want to hear more about this "verified complaint" thing.
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12-02-2008, 08:04 PM
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Senior Member
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Join Date: Apr 2008
Location: Full time RV"er
1,124 posts, read 661,687 times
Reputation: 246
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Quote:
Originally Posted by Rick Lee
Just invest in a good radar detector. They pay for themselves. Mine has saved me from those mobile radar vans a few times. The other day I was on my bike and sans radar detector. But another biker coming the other way warned me and the cop around the corner didn't get me. I love nothing more than defeating the tax collectors.
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Even cheeper then that , JUST read this All you really need to do is send the Company that sends you the notice a demand for a VERIFIED COMPLAINTon the NOTICE of citation ( Or in some cases Notice to Appear. These Company's are not the LAW! . They are a private COMPANY therefore they must follow the FEDERAL FAIR DEBT COLLECTION ACTS rules and regulations That is they must prove that you owe the money first ( By what authority are they under , are they police Dept . employee's ? ) in doing this they must give you a hearing ! Not just give me the dam money . WAKE UP AMERICA! Are you going to allow them to violate Federal laws to inforce state laws ( DOT rules and regulations ?)
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12-02-2008, 08:06 PM
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Senior Member
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Join Date: Jan 2008
Location: Phoenix!!!!
1,152 posts, read 778,107 times
Reputation: 347
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Yes, but wouldn't requesting a verified complaint be acknowledgment of receiving the cite?
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12-02-2008, 08:16 PM
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Senior Member
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Join Date: Apr 2008
Location: Full time RV"er
1,124 posts, read 661,687 times
Reputation: 246
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Quote:
Originally Posted by Rick Lee
Yes, but wouldn't requesting a verified complaint be acknowledgment of receiving the cite?
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Yes it would , but the thing is there is no need to live in fear of the 'DOOR BELL" you acknowledge recieving the notice, but then you have a constitutional right to demand the VERIFIED Complaint from the person claiming injury in the action . I ask you ???? when was the last time you heard of one of those photo camera's going to court??? As stated above The photo camera co. are private company's hired by the city's to do this JOB . Therefore they fall under the FEDERAL FAIR DEBT COLLECTION ACT . that required them to give you a DUE PROCESS HEARING to refute the charges they, the private co. are trying to get. Well as I stated can a camera speak( See constitutionally you have a right to face your accuser.) And yes it is that simple . Need more DM Me.
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12-04-2008, 09:56 PM
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Senior Member
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Join Date: Sep 2007
383 posts, read 300,163 times
Reputation: 78
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interesting
Quote:
Originally Posted by Fighter 1
Yes it would , but the thing is there is no need to live in fear of the 'DOOR BELL" you acknowledge recieving the notice, but then you have a constitutional right to demand the VERIFIED Complaint from the person claiming injury in the action . I ask you ???? when was the last time you heard of one of those photo camera's going to court??? As stated above The photo camera co. are private company's hired by the city's to do this JOB . Therefore they fall under the FEDERAL FAIR DEBT COLLECTION ACT . that required them to give you a DUE PROCESS HEARING to refute the charges they, the private co. are trying to get. Well as I stated can a camera speak( See constitutionally you have a right to face your accuser.) And yes it is that simple . Need more DM Me.
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so what happens when you demand a verified complaint? does the company drop the citation because the camera can't speak and you can not actually face your accuser? How do the radar companies hired by the city react? this sounds great, but does it really work. Also if a person goes to court and challenges the ticket, do they always win based on this right? I know thats way more expensive then the actual ticket, but some people fight this on principle. I don't speed personally, but the information could help some of my lead footed friends 
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12-04-2008, 10:37 PM
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Junior Member
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Join Date: Oct 2008
5 posts, read 12,700 times
Reputation: 15
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Unfortunately enough, a process server visited my house at about 8:30 pm tonight. I checked outside, and parked outside of my driveway was a van sitting with the driver-side door open. I opened the blinds slightly more to find a relatively young man (probably in his 20s) with some papers in his back pocket walking back to his car. He sat inside his car and started writing something on the papers. He didn't return to my doorstep afterward, and eventually he left my neighborhood.
Immediately after he left, I checked my doorstep, and I didn't find anything. If you think about it, it wouldn't be in the self-interest of a process server to spend too much time on a single citation. They have rounds to make in order to fulfill a quota.
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12-04-2008, 11:11 PM
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Senior Member
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Join Date: Apr 2008
Location: Full time RV"er
1,124 posts, read 661,687 times
Reputation: 246
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Quote:
Originally Posted by azkylady2
so what happens when you demand a verified complaint? does the company drop the citation because the camera can't speak and you can not actually face your accuser? How do the radar companies hired by the city react? this sounds great, but does it really work. Also if a person goes to court and challenges the ticket, do they always win based on this right? I know thats way more expensive then the actual ticket, but some people fight this on principle. I don't speed personally, but the information could help some of my lead footed friends 
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Usually no one from the Camera Co shows and the judge dismisses the case .
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12-17-2008, 04:59 PM
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Junior Member
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Join Date: Dec 2008
3 posts, read 3,523 times
Reputation: 10
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I got two flyers in the mail, and decided to try 123Noticket. I followed the directions (packet) to the letter, and lo and behold, I got a notice in the mail that I must appear in Scottsdale Court to present oral arguments. Since this is NOT what 123 promised, I tried to contact them. I found : 1) No phone 2) no address 3) no way of getting in touch with them except by email, which they do no answer.
Does anybody have there address? From my experience so far, I would do no business with them.
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12-19-2008, 02:06 PM
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Junior Member
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Join Date: Dec 2008
1 posts, read 1,991 times
Reputation: 11
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photo radar how to avoid it
I have seen the info provided by the Photo Radar LLC company that charges $50. It basically says that you have to be served a ticket for it to be legally binding. Since the ticket you receive in the mail is not served then you can just ignore it and it will disappear after 6 months. The catch is that if you call the number on the ticket, go to the website on the ticket, respond in anyway then you are considered served. Also, they send out people to your house to serve you and if you answer the door then the 3rd party can sign an affidavit saying that they served you. I don't think they can serve a nanny, pool boy, lawn guy, etc. It has to be a adult family member. If you can avoid answering the door for 6 months then just completely ignore the ticket. If you do get caught though then the fees will be larger b/c you have to pay the cost of the person serving you the ticket too. Also, I have gotten tickets in my husband's company vehicle and nothing ever happened. Since the vehicle is registered under a company name I don't think they knew exactly who to serve. I have ignored several tickets and haven't had any repercussions yet.....BUT i'm still crossing my fingers. It has been over 6 months on some of them, but I just got 2 last week b/c they put up new camera right by my house. I really am a safe driver and I'm all for driving the speed limit, but I HATE photo radar!!!! They will serve you if you live in the valley. My cousin has tried ignoring her tickets and she has had someone show up at her door twice now in normal clothes (no uniform) and try to serve her. I think she will end up getting a ticket b/c her husband accidentally answered the door the 2nd time then slammed it on the guys face when he realized who it was, but they found the ticket on the front porch.
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